07/14/2003 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES JULY 14, 2003 APPROVED 239 Studenski stated that throughout Elm Street the amount of easements vary dramatically, and that •240 parcel is okay. 241 242 Councilmember Carlson clarified it would not require removal of any trees or anything else. City 243 Engineer Studenski indicated that was correct. 244 245 Ms. Dupree asked when the project would start. City Engineer Studenski stated a pre -construction 246 meeting is scheduled Wednesday where they will learn more details, but the contractor expressed a 247 willingness and capability to start as early as next week. 248 249 Ms. Dupree asked if they would get notice of the work. City Engineer Studenski indicated access to 250 individual homes may be disrupted during the day, but they will always have emergency access and if 251 access is going to be disrupted for a large portion of a day, the homeonwer will be notified. 252 253 Councilmember Dahl moved to approve Resolution No. 03-110 accepting permanent easements in the 254 Elm Street Reconstruction Project. Councilmember Reinert seconded the motion. 255 256 Motion carried unanimously. 257 258 Resolution No. 03-110 can be found in the City Clerk's office. 259 260 C. Century Farms North 261 .262 i. Consideration of Resolution No. 03-100, Approving Development Agreement, Jim 263 Studenski 264 265 City Engineer Studenski summarized the staff report. He indicated one item the City Attorney still 266 needs to review is on page 12 of the agreement under City Improvements, 3D., in regard to the 267 balance to be paid. He read the section aloud. He stated the developer wants to pay their share, but if 268 the amounts come in less than anticipated they want the ability to pay less. They would like that 269 section removed from the agreement. 270 271 City Attorney Hawkins indicated there is no need to change this section. He stated it is not intended 272 to allow the City to charge more than the actual costs, it is intended to avoid any option of appeal. He 273 indicated that the City does not charge more than costs incurred, and cannot legally make money on 274 the project. City Engineer Studenski stated it would be staff's recommendation to follow the opinion 275 of the City Attorney. 276 277 Councilmember Carlson moved to adopt Resolution No. 03-100 approving the Development 278 Agreement for Century Farms North. Councilmember Dahl seconded the motion. 279 280 Motion carried unanimously. 281 282 Resolution No. 03-100 can be found in the City Clerk's office. 283 284 • 285 286 6